Town of Stillwater, NY Article XXI Route 4 Corridor Form-Based Code

How To Use This Code
Step 1
Find the Transect Zone for your parcel	See Regulating Plan

Step 2
What do you want to do?	See § 210-163, Use regulations, and the Use and Dimensional Tables

Step 3
Comply with standards for building form, building placement & parking lot placement	See § 210-162, Regulating plan, for details

Step 4
Comply with development regulations - additional design details	See § 210-164, Development regulations

Step 5
Special circumstances?	Site Plan Review - Article IV Special Use Permit - Article V Nonconforming Use - Article XVI Zoning Board of Appeals - Article XVII

§ 210-161 Purpose.

A. The Form-Based Code as herein set forth has been made in accordance with the Town Comprehensive Plan for the purpose of promoting health, safety and the general welfare of the community. The Code also follows recommendations from the Hudson River Waterfront Revitalization Plan.

B. The Form-Based Code is adopted to:

(1) Provide a guide for the physical development of the Town and coordinate development with the Village of Stillwater along the Route 4 Corridor.

(2) Preserve the character of the Town of Stillwater.

(3) Increase economic stability, vitality, and tourism.

(4) Ensure housing stability, diversity, and property maintenance.

(5) Promote pedestrian- and bicycle-friendly environments.

(6) Preserve, protect, and promote recreation, historic/cultural/natural and open space resources.

(7) Encourage use, enjoyment, and focus on the unique Hudson River waterfront.

(8) Preserve important viewsheds and protect the Town's rural character.

§ 210-162 Regulating plan.

A. Zones. For the purposes of this Code, the Town of Stillwater is hereby divided into the following zones:

Title	Symbol
T2 Conservation	T2
T3N Neighborhood	T3N
T3G Gateway	T3G
T4 Riverfront Corridor	T4
T5 Gateway	T5

B. Regulating Plan. The boundaries of the zones are hereby established on a map entitled "Regulating Plan of the Town of Stillwater," adopted by the Town Board as part of this Code. The Regulating Plan may be amended in the same manner as any other part of this Code. Such changes shall be noted by the Town Clerk on the official Zoning Map promptly after the amendment has been approved by the Town Board.

C. In addition to the zones established on the Regulating Plan, the locations and extents of existing parks and existing and future multi-use trails are included on the Regulating Plan for illustrative purposes.

D. Zone purposes; building and parking lot placement; building height.

(1) T2 Rural Conservation (T2).

(a) Purpose. Preserve, protect, and promote the rural agricultural heritage of the area while allowing compatible low-density residential development and agricultural-supportive uses and protecting important viewsheds in relation to the Saratoga National Historical Park.

(b) Building placement and parking lot placement.

Building Placement and Parking Lot Placement
Setback
Front	50 feet
Side	25 feet
Rear	30 feet
Parking Placement
First layer	Permitted
Second layer	Permitted
Third layer	Permitted

(c) Building form.

Building Form
Maximum Building Height
Maximum building height1	2 stories
Lot Requirements
Lot size	2 acres per dwelling unit
Maximum lot coverage	40%
Minimum lot width	300 feet (N/A for agricultural uses and roadside stands)
Building Frontage - See Required Private Frontage Types (Table 3)
Principal frontage	Common yard, porch and fence
Secondary frontage	Common yard, porch and fence

NOTE:
1	Maximum building heights shall be consistent with the International Building Code (currently Section 504.3 as adopted by New York State) and subject to approval by the Fire Marshal and Code Enforcement Officer.

(2) T3 Neighborhood (T3N).

(a) Purpose. Promote a range of housing types and opportunities in keeping with the surrounding neighborhood and encourage connectivity to surrounding neighborhoods, the Town's mixed-use areas, and the trail.

(b) Building placement and parking lot placement.

Building Placement and Parking Lot Placement
Setback
Front	35 feet
Side	20 feet
Rear	30 feet
Front Setback Encroachments
Open porch	50% maximum
Balcony and/or bay window	25% maximum
Parking Placement
First layer	Not permitted
Second layer	Permitted
Third layer	Permitted

(c) Building form.

Building Form
Maximum Building Height
Maximum building height1	2 stories
Lot Requirements
Lot size	1 acre per development unit without public water and sewer; 20,000 square feet per development unit with either public water or sewer; 10,000 square feet per development unit with both public water and sewer
Maximum lot coverage	40%
Minimum lot width	150 feet without public water and sewer; 125 feet with either public water or sewer; 100 feet with both public water and sewer
Building Frontage - See Required Private Frontage Types (Table 3)
Principal frontage	Common yard, porch and fence
Secondary frontage	Common yard, porch and fence
Minimum Window Transparency
Ground floor	20%
Upper floors	20%

NOTE:
1	Maximum building heights shall be consistent with the International Building Code (currently Section 504.3 as adopted by New York State) and subject to approval by the Fire Marshal and Code Enforcement Officer.

(3) T3 Gateway (T3G).

(a) Purpose. Promote commercial opportunities and residential development in keeping with the rural character of the area and encourage connectivity to and from commercial establishments, the surrounding neighborhoods, and the Trail.

(b) Building placement and parking lot placement.

Building Placement and Parking Lot Placement
Setback
Front	35 feet
Side	10 feet nonwaterfront; 15 feet waterfront
Rear	10 feet
Front Setback Encroachments
Open porch	50% maximum
Balcony and/or bay window	25% maximum
Parking Placement
First layer	Not permitted
Second layer	Permitted
Third layer	Permitted

(c) Building form.

Building Form
Maximum Building Height
Maximum building height1	2 stories
Lot Requirements
Lot size	2 acres per dwelling unit
Maximum lot coverage	60%
Minimum lot width	50 feet
Building Frontage - See Required Private Frontage Types (Table 3)
Principal frontage	Common yard, porch and fence
Secondary frontage	Common yard, porch and fence
Minimum Window Transparency
Ground floor	20%
Upper floors	20%

NOTE:
1	Maximum building heights shall be consistent with the International Building Code (currently Section 504.3 as adopted by New York State) and subject to approval by the Fire Marshal and Code Enforcement Officer.

(4) T4 Riverfront Corridor (T4).

(a) Purpose. Promote and enhance the Town's identity by encouraging mixed-use development, street level activity, walkability to surrounding neighborhoods, and additional public access to the Hudson River.

(b) Building placement and parking lot placement.

Building Placement and Parking Lot Placement
Setback
Front	25 feet
Side	10 feet nonwaterfront; 15 feet waterfront
Rear	10 feet
Front Setback Encroachments
Open porch	80% maximum
Balcony and/or bay window
Stoop or terrace
Sidewalk Encroachments
Awning or gallery	Within 2 feet of curb
Parking Placement
First layer	Not permitted
Second layer	Not permitted
Third layer	Permitted

(c) Building form.

Building Form
Maximum Building Height
Maximum building height1	3 stories
Lot Requirements
Lot size
Maximum lot coverage	60%
Minimum lot width	50 feet
Building Frontage - See Required Private Frontage Types (Table 3)
Principal frontage	Porch and fence, stoop, terrace, forecourt, shopfront, gallery
Secondary frontage	Porch and fence, stoop, terrace, forecourt, shopfront, gallery
Minimum Window Transparency
	Residential Only	Other Uses
Ground floor	20%	60%
Upper floors	20%	35%
Ceiling Height
Ground floor (commercial)	12 to 18 feet
Upper floors	Up to 14 feet

NOTE:
1	Maximum building heights shall be consistent with the International Building Code (currently Section 504.3 as adopted by New York State) and subject to approval by the Fire Marshal and Code Enforcement Officer.

(5) T5 Gateway (T5G).

(a) Purpose. Maximize economic development potential by encouraging infill, reuse, and expansion of businesses while promoting and enhancing the Town's identity by encouraging mixed-use development, street level activity, and walkability to connect to surrounding neighborhoods.

(b) Building placement and parking lot placement.

Building Placement and Parking Lot Placement
Setback
Front	0 to 10 feet or 15 feet with outdoor dining/plaza
Side	0 to 5 feet
Rear	5 feet
Front Setback Encroachments
Open porch	100% maximum
Balcony and/or bay window
Stoop or terrace
Sidewalk Encroachments
Awning or gallery	Within 2 feet of curb
Parking Placement
First layer	Not permitted
Second layer	Not permitted
Third layer	Permitted

(c) Building form.

Building Form
Maximum Building Height
Maximum building height1	3 stories
Lot Requirements
Lot size	5,000 square feet per dwelling unit
Maximum lot coverage	75%
Minimum lot width	30 feet
Building Frontage - See Required Private Frontage Types (Table 3)
Principal frontage	Porch and fence, stoop, terrace, forecourt, shopfront, gallery
Secondary frontage	Porch and fence, stoop, terrace, forecourt, shopfront, gallery
Minimum Window Transparency
	Residential Only	Other Uses
Ground floor	20%	60%
Upper floors	20%	35%
Ceiling Height
Ground floor (commercial)	12 to 18 feet
Upper floors	Up to 14 feet

NOTE:
1	Maximum building heights shall be consistent with the International Building Code (currently Section 504.3 as adopted by New York State) and subject to approval by the Fire Marshal and Code Enforcement Officer.

§ 210-163 Use regulations.

A. Uses. Allowed uses are identified in the Town of Stillwater Schedule of Uses, Table 1.[1]

[1] Editor's Note: Table 1 is included as an attachment to this chapter.

B. Unlisted uses.

(1) If a use is not listed as allowed or allowed with a special use permit, but is similar in nature and impact to a use listed in this Code, the Zoning Board of Appeals may interpret the use as allowed or allowed with a special use permit.

(2) If a use is not listed and cannot be interpreted by the Zoning Board of Appeals as similar in nature, the use is deemed prohibited.

C. Supplemental use regulations. Supplemental use regulations are found in Article XIV.

§ 210-164 Development regulations.

A. Dimensional standards. Standards for development are found in § 210-162, Regulating Plan, and summarized in Table 2, Town of Stillwater Dimensional Schedule.[1]

[1] Editor's Note: Table 2 is included as an attachment to this chapter.

B. Bonus provisions. (Reserved)

C. Building design.

(1) Blank walls shall not be permitted along any exterior wall facing a street, pedestrian area, or parking area. Walls or portions of walls without windows must have architectural treatments or design treatments that are similar to the front facade in materials, colors, and details.

(2) Service entrances. Loading docks, overhead doors, and other service entrances are prohibited facing a street.

(3) Building massing. Building massing must incorporate varied roof lines, building heights and other architectural features instead of a long, linear row of buildings.

(a) There must be breaks in a linear row of buildings at minimum every 50 feet as described above.

(b) The Stillwater Route 4 Corridor Design Guidelines describes recommended architectural treatments.

D. Building materials, colors and details.

(1) Building materials, colors, and details shall be compatible with the surrounding neighborhood character.

(2) Examples can be found in the Stillwater Route 4 Corridor Design Guidelines.

E. Additional window standards.

(1) The ground floor and upper stories must meet the window transparency requirements of each Transect Zone (as applicable) in § 210-162.

(2) Smoked, reflective, or black glass in windows is prohibited on the ground floor. Clear glass windows are recommended on upper floors as further described in the Stillwater Route 4 Corridor Design Guidelines.

(3) Windowsill height. Ground-floor windows shall be a maximum of 12 to 20 inches above the sidewalk. The windowsill height shall be measured from the base of the building beneath the windowsill to the window glass.

F. Private frontages. The following standards for private frontages follow in Table 3:

Table 3 Private Frontages
	Section		Plan
Private frontages: The private frontage is the area between the building facade and the lot lines.	Lot ► Private ► Frontage	◄ Right-of-Way ◄ Public Frontage	Lot ► Private ► Frontage	◄ Right-of-Way ◄ Public Frontage
Common Yard: The main facade of the building has a larger setback from the frontage line. The front yard may have a fence or hedge in a traditional neighborhood or have no fence in more rural areas. The yard is visually continuous with adjacent yards, supporting a common landscape. A front porch is optional.					T2 T3N T3G
Porch and Fence: The main facade of the building has a small setback from the frontage line. The front yard can be defined by a fence or hedge. The porch can encroach on the setback. Porches shall be no less than 6 to 8 feet deep.					T3 T4
Terrace: A frontage where the facade is set back from the frontage line by an elevated terrace. Terraces are suitable for outdoor dining.					T4 T5
Forecourt: The main facade of the building is close to the frontage line and the central portion is set back. The forecourt could be used as an entry court, shared garden space for apartment buildings, or additional shopping or outdoor dining. The orientation of such space should be considered for solar orientation. Large trees within the forecourts may overhang the sidewalks. A short wall, hedge, or fence should be placed along any undefined edge. This frontage should be used sparingly not be repeated within a block.					T4 T5
Stoop: The main facade of the building is near the frontage line with the ground floor elevated from the sidewalk to ensure privacy within the building. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor residential use.					T4 T5
Shopfront: The main facade of the building is at or near the frontage line with the building entrance at sidewalk grade. This type is appropriate for retail and commercial uses. It has substantial windows on the sidewalk level and an awning that should overlap the sidewalk to within 2 feet of the curb.					T4 T5
Gallery: The main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This type is appropriate for retail and commercial uses. The gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the curb.					T4 T5

G. Build-to-line. Buildings are preferred to be built to the sidewalk in the T5 Zone or a maximum of 10 feet from the frontage line unless set back by 15 feet for the purposes of outdoor dining or plaza as described herein.

H. Side yard setback.

(1) There shall be no side yard setback for buildings that share a party wall.

(2) In the T4 Zone, side yard setbacks must be 10 feet for nonwaterfront properties and 15 feet for waterfront properties.

(3) In the T5 Zone, a row of continuous buildings is preferred with no side yard setback or a maximum of five feet for a side yard setback.

I. Building orientation. The front facade of a building must be oriented towards the principal frontage with a public entrance in this facade.

J. Corner properties.

(1) Corner properties may have the primary entrance facing a principal or secondary frontage or on the corner.

(2) Front facades may be extended along side streets.

K. Building entrances.

(1) All primary entrances must be prominently visible and accentuated with a recessed entrance, chamfered corner, awning, entranceway roof, sidelight, transom, or adjacent windows to the doorway, and/or additional mouldings with expression lines. Examples can be found in the Stillwater Route 4 Corridor Design Guidelines.[2]

[2] Editor's Note: The Stillwater Route 4 Corridor Design Guidelines are included in the online version of the Code of the Town of Stillwater (eCode360®). Said document is also on file in the Town offices.

(2) All floors must have a primary ground-floor entrance that faces the principal frontage and may have additional entrances on the secondary frontage and/or waterfront frontage.

L. Drive-through windows.

(1) Drive-through windows shall not be located along the principal frontage but may be located to the side and rear of the building.

(2) Drive-through window design and materials should be consistent with the overall building style, form, and materials. Additional information can be found in the Stillwater Route 4 Corridor Design Guidelines.

(3) Pedestrian walkways must have clear visibility and be enhanced with pavings or markings when they intersect with drive-through aisles.

(4) Stacking spaces and aisles shall be provided in accordance with the off-street parking provisions.

(5) Menu boards, loudspeakers, stacking spaces, drive-through windows, service and loading shall be located only in interior side or rear yards.

(6) Loudspeakers, automobile service order devices, and similar instruments shall be located at least 20 feet from any street right-of-way and 20 feet from any property boundaries.

(7) A drive-through menu board shall comply with the standards for freestanding or monument signs.

(8) Screening. All service, mechanical equipment, and trash storage shall be screened from adjacent sites and public rights-of-way.

(9) Trash receptacles must be provided.

M. Exterior lighting standards and glare.

(1) All outdoor lighting must be designed so as to prevent glare onto adjacent properties, pedestrians, and operators of motor vehicles and must comply with the following:

(a) Non-cutoff and semi-cutoff light(s) are prohibited.

(b) Full-cutoff light fixtures shall have a maximum combined height of pole and base of no more than 20 feet in height for off-street parking lots and 14 feet for sidewalks and multi-use trails.

(c) Focused light fixtures may be used to illuminate a sign, structure, or similar element.

(2) All outdoor light fixtures provided in connection with permitted construction work or the abatement of an emergency must be exempt.

(3) The following lighting styles are permitted by Transect Zone (Table 4):

Table 4 Lighting Styles
Lighting Style		Transect Zones
		T2	T3N	T3G	T4	T5
Pipe
		▪	▪	▪
Post
				▪	▪
Column
					▪	▪
Double Column
						▪

N. Green infrastructure best management practices.

(1) Where practicable, stormwater management facilities should utilize green infrastructure best management practices (BMPs) according to the following hierarchy of preference:

(a) Conserve and protect natural areas.

(b) Reduce impervious surfaces in the site design through on-site infiltration practices, including, but not limited to, rain gardens, vegetated swales, filter strips, constructed wetlands, stormwater planters, permeable pavement and porous pavement.

(c) Reduce runoff through low-impact practices, including, but not limited to, green roofs, blue roofs, and rain barrels or cisterns.

O. Outdoor dining and plazas.

(1) Outdoor dining.

(a) Outdoor dining shall maintain a minimum of five feet of sidewalk clearance for pedestrian passage at all times.

(b) Outdoor furniture may consist of movable tables, chairs, umbrellas, planters, lights, and heaters.

(c) Lighting fixtures may be permanently attached to the exterior of the building.

(d) Advertising or promotional features shall be limited to umbrellas and canopies.

(e) All movable furniture shall be removed during the off-season.

(f) Planters, posts with ropes, decorative walls or fences, or other removable enclosures as well as a reservation podium are encouraged and shall be used as a way of defining the area occupied by the restaurant.

(g) Trash containers should be provided.

(2) Plaza.

(a) The plaza must be located where it is visible from a public sidewalk or pedestrian connection.

(b) 30% of the space must be landscaped with trees, shrubs, and mixed plantings with year-round interest.

(c) Trees shall be installed of three-inch caliper.

(d) The plaza shall provide shade with trees, canopies, trellises, umbrellas, or building walls.

(e) 70% of plazas shall be surfaced with high-quality, durable, impervious, semipervious, or pervious materials depending on location.

(f) One seating space is required for each 30 square feet of plaza area.

(g) The plaza shall not be used for parking, loading, or vehicular access (excluding emergency vehicular access).

(h) Public art and furnishings are encouraged.

(i) Trash containers shall be distributed throughout the plaza.

(j) Lighting shall be provided.

(k) Plazas shall connect to other activities such as outdoor dining, restaurants, shopfronts, and building entries.

(l) Plazas shall be located if possible to have maximum sunlight with a south or west orientation.

(m) If constructed by a private entity, plazas must have an agreement with the Town of Stillwater for public access.

P. Parking standards and design.

(1) Required off-street parking spaces. The minimum cumulative number of spaces shall be determined per the below table. No more than 120% of the required minimum parking is permitted.

(2) The following minimum off-street parking standards apply (Table 5). Each use may be permitted a parking reduction subject to the discretion of the Town of Stillwater Planning Board in accordance with the shared parking provisions herein:

Table 5 Parking Standards in Transect Zones T2, T3N, T3G, T4 and T5
Use	Number of Spaces
Residential Uses
Single-family dwelling	2 per dwelling unit
2-family dwelling
3- and 4-family dwellings	1.5 per dwelling unit
Dwelling, multifamily
Farm worker housing	2 per dwelling unit
Agricultural Uses
Agricultural processing	1 per 300 square feet of usable area with a minimum of 4 spaces, plus any requirement for primary dwelling
Agricultural uses
Commercial greenhouse or nursery	1 per 300 square feet of retail or service-oriented usable space or 1 per 4 seats, whichever is greater
Commercial riding stable
Farm and construction equipment sales and service
Produce stands
Sawmill, chipping or pallet mill
Accessory Uses
Home occupation	1 per 200 square feet plus requirement for primary dwelling
Lodging Uses
Bed-and-breakfast	1 per room for rent plus 1 per employee on the largest shift
Motel, hotel, inn
Retail and Service Uses
Amusement use	1 per 300 square feet of retail or service-oriented usable space or 1 per 4 seats, whichever is greater
Auto body shop and motor vehicle repair shop
Auto body sales
Bank
Boat storage, sales and repair
Car wash
Day-care center
Fast-food restaurant
Funeral home
Gasoline station
Kennel
Marina and other waterfront-related use
Professional office
Recreational facility (private or commercial)
Restaurant and tavern
Retail
Theater
Veterinary clinic
Mixed Use
Live-work	1 per 300 square feet
Mixed-use building	Sum of the requirements for the mix of uses (combination of uses on a single lot) subject to shared parking
Industrial Use
Craft production	1 per employee on the largest shift
Warehouse
Civic Uses
Campground and group camp	1 per 300 square feet or 1 per 10 seats, whichever is greater
Cemetery
Club (public and private)
Community, governmental, municipal
Golf course
Health-related facility
Place of worship
Public parks and recreational uses
Schools

(3) Accessible parking. All parking facilities that require accessible parking spaces shall ensure that a portion of the total number of required parking spaces shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the Federal Americans with Disabilities Act (ADA).

(4) Bicycle facilities should be provided at all commercial development and residential development (excluding single-family residential). Any use required to have 15 or more parking spaces shall supply one bicycle rack per 15 spaces. This requirement may be modified by the Town of Stillwater Planning Board at its discretion.

(5) Parking design standards.

(a) Off-street parking shall be designed in accordance with Table 6. This requirement may be modified by the Town of Stillwater Planning Board at its discretion.

Table 6
Parking Design Standards
Details	Standard
Curb cuts per lot	1 maximum
Parking space size	9 feet x 18 feet
Single-family residential driveway width	10 feet maximum
One-way vehicular driveway width	12 feet maximum
Two-way vehicular driveway width without parking along driveway	16 feet maximum
Parking lot aisle width with parking along driveway	24 feet maximum

(b) Off-street parking areas shall be interconnected by access driveways for commercial and mixed uses and may be interconnected between residential and commercial uses. This requirement may be modified by the Town of Stillwater Planning Board at its discretion.

(6) Shared parking provisions.

(a) Shared parking is permitted subject to the Town of Stillwater Planning Board approval. A contractual agreement between users is required.

(b) Shared parking shall be located within a specified walking distance based upon the following:

[1] Less than 100 feet: people with disabilities, deliveries and loading, emergency services, fast-food restaurant, and convenience store.

[2] Less than 800 feet: residents, grocery stores, professional services, and medical clinics.

[3] Less than 1,200 feet: general retail, restaurant, employees, entertainment center, and religious institution.

[4] Less than 1,600 feet: major sport or cultural event and overflow parking.

[5] Users of shared parking shall have a contractual agreement to allow sharing of parking.

[6] The minimum amount of shared parking required shall be calculated according to the below Table 7:

[a] Calculate the minimum amount of parking required for each land use as if it were a separate use.

[b] To determine peak parking requirements, multiply the minimum parking required for each proposed land use by the corresponding percentage for each of the six time periods.

[c] Calculate the column total for each of the six time periods.

[d] The column (time period) with the highest value must be the minimum parking requirement.

Table 7 Shared Parking
	Monday-Friday			Saturday-Sunday
Uses	8:00 a.m. - 6:00 p.m.	6:00 p.m. - Midnight	Midnight - 8:00 a.m.	8:00 a.m. - 6:00 p.m.	6:00 p.m. - Midnight	Midnight - 8:00 a.m.
Residential	60%	100%	100%	80%	100%	100%
Office	100%	10%	5%	5%	5%	5%
Commercial	90%	80%	5%	100%	60%	5%
Lodging	70%	100%	100%	70%	100%	100%
Restaurant	70%	100%	10%	70%	100%	20%
Theater	40%	100%	10%	80%	100%	10%
Entertainment	40%	100%	10%	80%	100%	50%
Civic (nonreligious use)	100%	40%	40%	10%	10%	5%
Religious use	20%	40%	40%	100%	50%	5%

(7) On-street parking. On-street parking shall provide a minimum space width of eight feet and length of 20 feet. This requirement may be modified by the Town of Stillwater Planning Board, at its discretion, for higher speed roads or special circumstances.

Q. Pedestrian design standards.

(1) Sidewalks.

(a) Sidewalks are required along all street frontages with a minimum width of six feet. Eight feet or more is preferred.

(b) Sidewalks are required to connect the primary and secondary street frontage to all front building entrances, parking areas, plazas, outdoor dining, and other destinations that generate pedestrian traffic to ensure walkability within a ten-minute walk.

(c) Sidewalks shall connect to existing sidewalks on adjacent properties.

(d) The sidewalk pattern shall continue across all driveways. Driveways should come up to the sidewalk.

R. Signage.

(1) Signs exempt from permits. The following signs may be erected and maintained without a sign permit, provided that they are less than five feet in sign area and are nonilluminated (except as indicated below):

(a) Signs advertising the sale or rental of the premises upon which the sign is located. Such signs shall be nonilluminated and limited to two per property. The signs must be set back a minimum of 10 feet from the property line.

(b) Signs denoting the architect, engineer, or contractor where construction, repair or renovation is in progress, limited to one per property.

(c) Signs that mark property boundaries, give directions for roads or trails, prohibit trespassing, hunting, fishing, or off-road vehicles, or warn of hazards.

(d) Any sign erected by the federal, state, county, or Town government or any department or agency thereof. Such signs are not limited in size.

(e) Election signs in accordance with Article XIII.

(f) Temporary signs, including banners or pennants, relating to garage, lawn, or other individual, nonrecurring sales, or for an event or undertaking conducted by a political, civic, religious, charitable, or educational organization. Such signs may be erected no more than 90 days prior to the event and shall be removed by the sponsor within 15 days after the close of the event. Such temporary signs are not limited in size but must not hang below 15 feet over the street or public right-of-way.

(g) A sign placed temporarily to advertise the sale of produce grown or harvested by the property owner where the subject sign is located, limited to one per principal location of the subject of the sign. Such temporary signs shall be removed immediately after the termination of the activity being advertised.

(h) Temporary signs or on-premises signs in accordance with Article XIII.

(i) Signs that provide the name, and/or owner, of a farm that is located on said farm and that does not advertise any other enterprise or business.

(j) Directional signs. Directional signs shall not obstruct sight triangles at intersections including internal intersections.

(k) Menus and signs indicating business hours. Signs shall be located in a permanently mounted display box on the facade of the building adjacent to the entrance, displayed within a window adjacent to the entrance, or at a podium that will be placed inside the restaurant upon closing.

(2) Sign illumination and style should be in accordance with the Stillwater Route 4 Corridor Design Guidelines and the regulations below.

(3) One freestanding or monument sign shall only be permitted on properties with a minimum fifteen-foot setback.

(4) Only one iconic or projecting sign per establishment is permitted.

(5) The following signs are permitted by Transect Zone (Table 8):

Table 8 Signage Regulations
Sign Type		Transect Zones					Specifications
		T2	T3N	T3G	T4	T5
Awning Sign
				▪	▪	▪	Quantity	1 per window
							Area	25% of awning surface
							Width	Maximum width of facade
							Depth/ projection	4 feet minimum
							Clearance	8 feet minimum
							Distance from curb	2 feet minimum
							Illumination	External
Freestanding Sign
		▪	▪	▪	▪	▪	Quantity	1 per parcel, only when buildings have a minimum 15-foot setback (and when a monument sign is not installed)
							Area	20 square feet
							Height	5 feet maximum
							Setback from frontage line	6 feet minimum
							Illumination	External
Iconic Sign
				▪	▪	▪	Quantity	1 per business
							Area	35 square feet
							Depth/projection	5 feet maximum
							Clearance	8 feet minimum
							Distance from curb	2 feet minimum
							Illumination	External
Marquee Sign
					▪	▪	Quantity	1 per business
							Width	Entrance plus 2 feet on each side
							Height	Maximum 50% story height
							Depth/projection	8 feet minimum
							Clearance	10 feet minimum
							Distance from curb	2 feet minimum
							Illumination	Internal/external
Monument Sign
		▪	▪	▪	▪	▪	Quantity	1 per parcel, only when buildings have a minimum 15-foot setback (and when a freestanding sign is not installed)
							Area	20 square feet
							Height	5 feet maximum
							Setback from frontage line	6 feet minimum
							Illumination	Internal/external
Nameplate Sign
		▪	▪	▪	▪	▪	Quantity	1 per establishment
							Area	4 square feet maximum
Projecting Sign
		▪	▪	▪	▪	▪	Quantity	1 per facade, 2 maximum
							Area	20 square feet
							Depth/projection	4 feet maximum
							Clearance	8 feet minimum
							Distance from curb	2 feet minimum
							Illumination	External
Sidewalk Sign
		▪	▪	▪	▪	▪	Quantity	1 per business
							Area	10 square feet maximum
							Height	4 feet maximum
							Clearance	Outside of pedestrian area (3-foot pedestrian area to remain clear)
							Distance from curb	2 feet minimum
Wall Sign
				▪	▪	▪	Quantity	1 (2 for corner buildings)
							Area	1 square foot per 1 linear foot of shop front
							Width	Maximum 75% width of facade
							Height	3.5 feet maximum
							Depth/projection	1 foot maximum
							Clearance	8 feet minimum
							Illumination	Internal/external
Window Sign
				▪	▪	▪	Quantity	1 per business
							Area	Maximum 25% of glass
							Illumination	External/neon or LED

(6) General sign regulations.

(a) Except for clocks and customary time and temperature devices, no sign shall contain intermittent, moving or flashing illumination.

(b) No sign relating to a permanent commercial enterprise, with the exception of traditional barber poles, shall contain or consist of any banner, pennant, ribbon, streamer, spinner, or other similar moving, fluttering, or revolving device. No sign or part thereof may rotate or move back and forth, except that a sign may be suspended and swing, though not rotate, in the wind.

(c) No motor vehicle, trailer, or wagon upon which is painted or placed any sign must be parked or stationed in a way primarily intended to display the sign.

(d) All signs shall be constructed of durable materials and maintained at all times in good repair.

(e) No sign shall be installed in such a way that obstructs free and clear vision and sight triangles of any public right-of-way, intersection, ingress or egress, entrance, or ramp.

(f) Signs shall not cover architectural details, such as windows, doors, or transoms except as permitted herein.

(7) Unsafe, abandoned, and unlawful signs. Upon a finding by the Code Enforcement Officer that any sign regulated herein is unsafe or insecure, or is a menace to the public, or has been erected in violation of the provisions of this Code, or advertises, identifies, or pertains to an activity no longer in existence, except as provided hereinafter, then the Code Enforcement Officer shall mail to the owner of said sign, if known, at the sign owner's last known mailing address and to the owner of the parcel of land upon which such sign is situated, at the parcel owner's last known mailing address, an order that the violation be resolved within 30 days after the date of the order. If after such date the violation is not resolved, the Code Enforcement Officer may enter upon the land and remove and discard the sign, without liability to the Town or its agents. This provision shall not apply to seasonal activities during the regular period in which they are closed.

(8) Noncomplying signs. A sign in existence as of the effective date of this article which does not comply with the sign regulations hereof shall be brought into compliance or removed by its owner at the owner's cost and expense not later than the date upon which such sign has been fully depreciated for income tax purposes based upon when such sign was first erected or last substantially reconstructed, which shall in no case be later than 10 years after the effective date of this article. Any sign owner claiming the right to maintain a noncomplying sign after one year from the effective date of this article, shall file with the Code Enforcement Officer appropriate proof of the sign's useful life for income tax purposes on or before such date. Failure to so file shall be deemed a waiver of such sign owner's right to maintain the sign beyond such date.

S. Landscaping, screening, fences, and walls.

(1) General requirements.

(a) All buildings and construction requirements (with the exception of single-family and two-family dwellings and residential accessory structures) are subject to the provisions herein.

(b) All landscaping and screening will be effective immediately upon planting and provide year-round interest.

(c) At least 25% of the property shall be retained as landscaping and green space to minimize erosion and stormwater runoff and enhance, beautify, and improve the quality of life in the Town. This requirement may be reduced in instances where greening elements, green infrastructure, public plaza is provided in accordance with the standards herein at the discretion of the Planning Board.

(2) Screening.

(a) All wall-mounted mechanical, electrical, communication, and service equipment must be screened from public view by parapets, walls, fences, landscaping, or other means.

(b) All rooftop mechanical equipment must be concealed or integrated into the roof form or screened from view at ground level of nearby streets.

(c) Dumpsters, with the exception of temporary construction dumpsters, must be screened from public view by a solid fence or row of evergreen shrubs.

(3) Existing street trees of four inches diameter at breast height (DBH) shall be retained and incorporated into the street tree design, provided that they are in healthy condition, free of damage, and provide a full canopy.

(4) Spacing. Street trees shall be spaced 20 feet to 30 feet apart in consideration of the existing streetscape, driveways, streetlights, utility and traffic poles and other obstructions. Trees must be three inches in caliper. Trees must be planted within planter strips or tree wells.

(5) Tree selection. Trees must be selected based upon maintenance requirements, hardiness per the United States Department of Agriculture's Plant Hardiness Zone Map, salt tolerance, shape and form, and the subsurface growing conditions. Native species is encouraged. Suggested tree species can be found in the Stillwater Route 4 Corridor Design Guidelines.

(6) Parking lot landscaping and screening.

(a) Interior landscaping. No more than 10 parking spaces shall be allowed in a continuous row uninterrupted by landscaping.

(b) Perimeter landscaping and screening.

[1] Parking lots visible from a street shall be continuously screened by a three-foot-high wall/fence with breaks as required herein or plantings.

[2] Parking lots adjacent to a residential use shall be continuously screened by a six-foot-high wall/fence with breaks as required herein or plantings.

(c) Screenings shall include:

[1] Hedges, installed at 36 inches in height;

[2] Mixed planting (trees and shrubs); or

[3] Wall sections or opaque fencing shall not provide a break of more than nine feet, except for vehicular or nonvehicular access. Breaks in the wall shall be provided at least every 40 feet to vary the design. These gaps, except for access uses, shall contain hedges or mixed plantings within the gap area. Landscaping shall be provided along the walls, either as low ground cover/plantings, as a screen of the wall, or an intentionally designed mix to vary the look of the screenings.

(7) Greening elements.

(a) Planters shall not obstruct the sight triangles and shall leave five feet of clearance for pedestrians.

(b) Window boxes should be at least as wide as the windowsill where they are located.

(c) Hanging baskets, planters, and window boxes shall contain live plantings.

(d) Additional landscaping including trees, shrubs, groundcover, and/or flowers shall be counted towards the green space requirements.

T. Saratoga National Historical Park viewshed protection standards.

(1) Purpose. The purpose of these standards is to protect and enhance the scenic integrity and historic landscape quality of the Saratoga National Historical Park (SNHP) and T2 Rural Conservation Transect Zone. These standards are intended to direct development in a manner that maintains the identity, image, and environmental quality of Saratoga National Historical Park and its agricultural and rural environs. The Saratoga National Historical Park and the adjacent areas are home to historically significant battlefield and battlefield sites. Protecting the surrounding landscape is important to maintain the historic integrity of the National Park. When reviewing potential visual impacts to Saratoga National Historical Park, the Planning Board will take into consideration the Battles of Saratoga Preservation and Viewshed Protection Plan dated December 2007.

(2) Applicability. Prior to the issuance of a grading permit, site plan approval, special use permit, or minor or major subdivision approval on a lot or parcel located wholly or partially within the viewshed protection area line as indicated on the Regulating Plan, the proposed development shall be subject to the standards specified in this section and pursuant to Article IV, Site Plan Review. The Planning Board may waive this requirement if it determines that the proposed development is little to no impact, consistent with applicable law, and will not be visible from the Saratoga National Historical Park or other important viewpoints.

(3) Review procedures. An applicant shall be required to submit a site plan in accordance with Article IV. In addition to site plan requirements, the applicant shall provide the following:

(a) Existing and proposed structures and improvements, including buildings, roads, and utilities.

(b) Existing contour lines at ten-foot intervals to United States Geological Survey datum and proposed grading at two-foot contour intervals within the parcel. The Planning Board may request alternative contour intervals during the review process.

(c) Ridgelines, hills and geological formations, including but not limited to rock outcrops and other important land features based on available published documentation or more detailed data obtained by the applicant.

(d) Existing and proposed vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grassland, old field, hedgerow, significant forest areas, woodlands, wetlands, isolated trees or small groups of trees with a caliper in excess of 12 inches, and the actual canopy line of existing trees and woodlands. Vegetative types shall be identified by plant community, age, and condition.

(4) Visual impact assessment. Based on the site plan, the Planning Board may require the applicant to undertake a visual impact assessment, which may include:

(a) A visual assessment map prepared using Geographic Information System (GIS) or similar visual analysis software. The visual assessment map shall take into account the topography and height of the proposed structure and vegetative land cover. The visibility map shall identify potential visibility of all proposed structures from the Saratoga National Historical Park. The Planning Board may request line-of-sight profiles based on the results of the visual assessment map. For reference purposes, the Planning Board and applicant shall reference New York State Department of Environmental Conservation Program Policy DEP-00-2, Assessing and Mitigating Visual Impacts.

(b) Pictorial representations of before and after views from the Saratoga National Historical Park. The Planning Board shall determine the appropriate views from the Saratoga National Historical Park during the site plan review process. The Planning Board may request additional consultation from the National Park Services when identifying these locations.

(5) Development standards. The Planning Board may require any or all of the following items, as it determines appropriate for the nature and scale of the proposed project:

(a) General considerations. Design and development shall address the following elements:

[1] Thoughtful siting of all structures to minimize visibility.

[2] Use of appropriate materials and lighting to minimize potential visual impacts.

[3] Maximum feasible preservation of existing topographical form.

[4] Maximum preservation of agricultural and natural resources that contribute to Saratoga National Historical Park's visual character.

[5] Maximum preservation of existing vegetation and use of planted screening.

(6) Structure location and materials.

(a) To the maximum extent practical, all structures shall be located such that their profiles will not visually exceed the height of land or tree line serving as the buildings' backdrop or foreground. When referring to "backdrop" and "foreground," the description is relative to views from the Saratoga National Historical Park or other important viewpoints as determined by the Planning Board. Figure 1 depicts the manner in which the location of a structure or structures is consistent with this provision.

Figure 1

(b) Locate all structures in the least visually intrusive manner possible. Locate buildings on the edge of open fields, or just within the edge of bordering woodlands, or create new tree lines, buffers, or screening measures. When development is proposed on land in active agriculture use, it is preferable to keep some land in agricultural production through means such as limited development, agricultural restrictions, easement and other conservation tools. Figure 1 depicts the manner in which the location of a structure is consistent or inconsistent with this provision.

(c) Exterior materials and colors (e.g., roofing, siding, and trim) shall be nonreflective in nature.

(7) Vegetation preservation and screening.

(a) The removal of existing vegetation that may serve as a buffer or screen proposed structures and other development (e.g., roads, driveways, utilities, etc.) or retain the natural character of the land shall be minimized to the maximum extent practical.

(b) Plantings to screen or buffer proposed structures in open or visibility prominent areas shall be used. If existing vegetation provides insufficient buffering or screening, plantings that are compatible with existing vegetation, and/or are composed of native species, shall be used. Trees shall be planted in random clusters to simulate the appearance of natural tree stands. Planted buffers or screening should be of a size and density to provide a reasonable expectation of buffering or screening development within five years. The use of nonnative or exotic species is prohibited.

(8) Clearing and grading. To the maximum extent practical, cutting and grading shall be minimized. Finished cut-and-fill slopes shall be constructed to blend with the existing landscaping, conforming to the natural contour of the land, avoiding straight lines, and/or geometric patterns. Unwarranted cutting and filling should be avoided when constructing roads, driveways, and other related structures, using measures as balancing cut and fills, alignment with natural contours, and restricting development to gentle climbing gradients.

U. Waterfront access and views of the waterfront.

(1) Waterfront access and opening up of views of the waterfront is encouraged.

(2) Waterfront views. Where a waterfront-related use is proposed to be established or expanded, the encroachment must, to the greatest extent practicable, avoid, minimize, and/or mitigate adverse impacts, including but not limited to:

(a) Deterioration of water quality.

(b) Loss, fragmentation, and impairment of habitats and wetlands.

(c) Changes to the natural processes that would increase shoreline flooding and erosion.

(d) Impacts on physical and visual access to the water.

(e) Impacts upon historic, archaeological, cultural, or scenic resources.

(f) Interference with existing waterfront-related uses.

(3) Waterfront access.

(a) A public walkway or multi-use trail along the Hudson River, plus related accessory structures, is encouraged wherever new development occurs.

(b) A public walkway or multi-use trail should be designed and connected to adjacent public walkways or multi-use trails and public rights-of-way, where possible, in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), the AASHTO, NACTO, and any other relevant guidelines.

(c) Public access easements may be dedicated to ensure public access to and along a public walkway or trail.

(4) Waterfront facade.

(a) Waterfront facades must comply with front facade window transparency, pedestrian design standards, and building design requirements herein.

(b) A waterfront facade shall be oriented toward the Hudson River.

§ 210-165 Application and review process.

Application and Review Process
Step 1: Application Submission
Applicant submits application
Step 2: Optional Review
Route 4 Implementation Committee reviews application (optional)
Step 3: Planning Board Review
Planning Board reviews application
Step 4: Decision
Approve	Approve with modification	Disapprove